• All issued certifications are nationally recognised and handled by licenced RTOs, who are fully in charge of handling documentation, mapping, and qualification issuing.
• Careers Connect disclaims all liability for the compliance of related RTOs or the upload of qualificationsto the USI.
• Clients will be given significant information such as registration, currency, and the RTO's scopebefore accepting it as the issuing institution.
• For confirmation of their qualification and the uploading of their USI, clients are encouraged toget in touch with the issuing RTO directly via the email specified on the qualification.
   
  Please be informed that the preceding disclaimer is applicable to all credentials provided by the Careers Connect.

1. Definitions

• The term "AGENT" refers to Careers Connect, a company that provides services to clients for the purpose of recognising prior learning (RPL).

• The term "AGREEMENT" refers to the document called the "Client Service Agreement."

• "APPLICATION" denotes the act of submitting or lodging the necessary document(s) for the client's RPL assessment by the relevant Registered Training Organisation (RTO).

• An "ASSESSOR" is a member appointed by the relevant RTO who evaluates the client's RPL application and decides whether to grant recognition for a particular unit of study.

• The term "CLIENT" refers to the party that engages Careers Connect for their RPL services, as outlined in clause 5 of this Agreement.

• "RPL," which stands for Recognition of Prior Learning, is a process that assesses an individual's competency, acquired through formal and informal learning, to determine if they meet the requirements for a unit of study.

• "PARTY" or "PARTIES" refers to both Careers Connect and the Client.

• A "REGISTERED TRAINING ORGANISATION" (RTO) is defined in section 3 of the National Vocational Education and Training Regulator Act 2001 (Cth) as a training organization listed on the National Register as a training organization.

• "SUPPORTING DOCUMENTS" encompass any requested information, documents, evidence,and materials provided by the Client and compiled by Careers Connect to assist in the RPL application sent to the RTO as part of the eligibility assessment by the assessor. The specific requirements may vary depending on the RTO, and Careers Connect will inform the Client accordingly.

2. Definitions

1. This Agreement establishes a contractual relationship between Careers Connect and the Client.

2. Careers Connect acts as an intermediary, aiding Clients in pursuing Recognition of Prior Learning (RPL) assessments through various Registered Training Organisations(RTOs).

3. The Agent's role is to assist the Client with the services outlined in clause 5 of this Agreement. This includes gathering information, obtaining supporting documents, and submitting the Client's RPL application to the appropriate RTO.

4. The Client acknowledges and agrees that the evaluation of the RPL application by the Assessor at the relevant RTO will be based on the institution's own standards.

5. The Client agrees that Careers Connect will be protected against any claims or liabilities arising from misconduct by the Client, as specified in clause 6 of this Agreement.

6. Both parties recognise that any violation of their obligations and responsibilities under this Agreement may result in the termination of this Agreement, as stated in clause 10.

3. Operative Provisions

1. The parties mutually agree to be bound by this Agreement until it is terminated. The Agreement will automatically terminate when the Agent receives a final decision from the Assessor regardingthe Client's Application, and this decision is communicated to the Client in writing. Additionally, the Agreement may be terminated earlier as stipulated in clause 10 or by the mutual written agreement of the parties.

2. The parties acknowledge that the Agent will fulfill their responsibilities as outlined in clause 5 of this Agreement. These responsibilities include gathering information and relevant documents, submitting the Application to the Educational Provider, providing a brief initial assessment of the Client's eligibility, and collecting fees from the Client at the Agent's discretion. The Agent will submit the Application in accordance with the Assessment Tools and Resources, Criteria, or other benchmarking materials provided by the Educational Provider. The Client understands that the Agent is not an expert in verifying, examining, or authenticating the documents submitted by the Client.

3. The Client acknowledges that the Agent is not responsible for completing the assessment or documentation that determines the Client's competency for the qualification or subject they are applying for through RPL.

4. The Agent is responsible for submitting the Application by the deadline set by the Educational Provider unless the Client is delayed in providing any requested relevant information to the Agent.

5. The Client recognises that the Educational Provider holds the authority to approve or rejectany applications made by the Agent if the Client fails to meet the eligibility requirements determined by the relevant Assessor. The Educational Provider is responsible for the outcome ofthe Application, and the Agent will communicate this outcome to the Client. If the Client is dissatisfied with the outcome, it is their responsibility to contact the Educational Provider to resolve the matter, as the Agent's duties specified in clause 4 of this Agreement do not extend to this issue.

6. The Client agrees to be held liable for any fraudulent, misrepresentative, incorrect, deceptive, deceitful, or dishonest information included in the documents submitted as part of the Application. The Agent will be indemnified in such a situation under clause 6 of this Agreement, and the Client will be subject to the resolution processes determined by the policies of the Educational Provider, as well as any legal consequences.

7. The Client acknowledges that the Agent will assist them by providing information and options regarding courses, qualifications, and training offered by Educational Providers.

8. Both parties confirm that they have the authority and legal capacity to enter into this Agreement, have carefully considered its contents and implications, and have willingly agreed to its terms.

4. General Provisions

1. Both parties guarantee that they will act in good faith and adhere to all provisions stated in this Agreement.

2. Each party will promptly take all necessary actions and fulfill all document requirements to ensure the complete implementation and effectiveness of this Agreement and their respective obligations within it.

3. Any failure or delay by a party in exercising their rights or powers under this Agreement does not waive such rights or powers, nor does it prevent the party from exercising any other rights or powers. Any waiver must be made in writing.

4. Before initiating any court proceedings related to a dispute arising from or in connection with this Agreement, the party must first attempt to resolve the dispute in good faith, except in cases where urgent interlocutory relief is necessary or when the dispute concerns compliance with this clause.

5. All notices mandated by this Agreement must be in writing and directed to the most recently provided address of the recipients. Notices can be sent through standard mail or email and will be deemed delivered after 48 hours in the case of mail or upon transmission in the case of email.

6. This Agreement does not establish a partnership, joint venture, or employment relationship between the parties.

7. This Agreement constitutes the entire understanding between the parties, superseding all previous discussions, communications, negotiations, representations, warranties, commitments, and agreements relating to its subject matter.

5. Agent’s Obligations and Undertakings

1. The Agent is responsible for providing the Client with information regarding available options and various courses offered by an Educational Provider.

2. The Agent is tasked with assisting the Client in completing the Application forms required by the Educational Provider and contacting the Educational Provider on behalf of the Client.

3. The Agent is responsible for gathering information from the Client that pertains to the Application to be submitted to the Educational Provider.

4. The Agent is responsible for organising and compiling the materials obtained from the Client for the Application that will be submitted to the Educational Provider.

5. The Agent is responsible for submitting the necessary documents and supporting materials to the Educational Provider on behalf of the Client within the specified submission deadline.

6. The Agent is required to utilize the materials provided by the Client in accordance with the relevant tools, instruments, and information received from the Educational Provider for the purpose of submitting the Application.

7. The Agent is responsible for communicating with the Client and notifying them of any correspondence received from the Educational Provider regarding the Application.

6. Client Obligations and Indemnity

1. The Client must not provide the Agent with any supporting materials or documents that they know contain false, deceptive, or misleading information. If the Client is aware of the incorrect statements or inaccurate information in the supporting materials but still submits them in the RPL Application, it will be considered a violation of this Agreement. In such cases, the Agent has the right to terminate the Agreement as specified in clause 9.
2. The Agent does not guarantee that the RPL Application will be accepted by the assessing authority when it is submitted.
3. When preparing the supporting materials and gathering relevant information for the RPL Application, the Agent assumes that all information provided by the Client, both in correspondence and for the RPL Application, is:
   • Correct
   • Accurate
   • Reliable
   • Plausible
   • Not misleading
   • Not fraudulent
   • Not deceptive
     Not involving any dishonesty that could lead to the assessing authority rejecting the RPL Application due to forgery.
4. The Agent is not held responsible or liable if the Client submits any documents related to clauses II and III of this Agreement. Any losses incurred, such as loss of profit, benefit, revenue, business, reputation, use, or data corruption, caused by the Client to the assessing authority will be the Client's responsibility to compensate for.
5. The Agent cannot be held responsible or liable for any decisions made by the assessing authority to reject the RPL Application. This indemnity remains in effect throughout the Agreement and even after the services have ended but a decision has not yet been made.
6. The Client will be responsible for paying any applicable fees resulting from their delay, as their contribution to the late submission of the RPL Application.
7. The Agent is solely responsible for their own actions when performing their duties as outlined in clause 5 of this agreement.

7. Limitations of liability

1. The Client agrees to provide the Agent with all the necessary information and materials required for the RPL assessment process.
2. The Client acknowledges that they are responsible for paying the RPL assessment fees directly to the RTO (Registered Training Organization). However, the Agent may collect and submit the RPL assessment fees on behalf of the Client to the RTO.
3. The Client agrees and acknowledges that the Agent will not be held responsible or accountable for the decision or outcome made by the RTO.
4. The Client acknowledges that they are bound by the refund policy established by the RTO, which the Agent is also required to follow.
5. The Client understands that certain RTOs may charge a non-refundable assessment fee ranging from approximately $250.00 to $500.00. The Client must confirm with the Agent whether the RTO fee is non-refundable before making any payment. The Agent will provide this information to the Client via email or tax invoice. The Client acknowledges that it is their responsibility to ensure they have comprehended and accepted the RTO's assessment fee policy prior to making any payment.

8. Refunds and Cancellations policy

1. The Client acknowledges that clauses 7 specifically apply to RPLs (Recognition of Prior Learning).
2. The Client agrees that any deposit or service fee paid by them is non-refundable under all circumstances, except as stated in clauses 8.3 and 8.4.
3. If the Client informs the Agent in writing, within one calendar month from the application date or before submitting the application for assessment to the RTO (whichever is earlier), that they no longer wish to proceed with the RPL service and submits a completed Refund Request Form to accounts@careersconnect.org, they will be eligible for a refund of the deposit.
4. If, during the application period, an assessor from the RTO reviews the Client's information and documentation and determines that the RTO cannot issue a qualification to the Client or that the Client is ineligible for a qualification, the Client is entitled to a refund under the Australian Consumer Law (ACL) as per the Competition and Consumer Act 2010 (Cth).
5. The Client agrees to pay a non-refundable assessment fee(s) to the RTO. The Agent will informthe Client, through invoice or email correspondence, prior to submitting the application to the RTO, which fees are non-refundable.
6. The Agent agrees to strictly adhere to the refund policy established by the RPL and RTO institutions.
7. The Client must complete the Application Cancellation Form in its entirety and submit it to accounts@careersconnect.org within the specified refund period for review by the Agent.
8. The Agent retains the right to decline refund requests at any time in the event of regulatory changes affecting the Agent and/or its partner RTOs.
9. All refunds will be processed within 14 business days after the Agent receives a completed Refund Request Form from the Client.
10. If the Client wishes to appeal the outcome of the refund request, they must email the Refund Request number and relevant information regarding the appeal to the following email addresses: admin@careersconnect.org, info@careersconnect.org, account@careersconnect.org.
11. Any documentation received from the RTO on behalf of the Client will be stored by Careers Connect for a period of 6 weeks. If, within this time frame, Careers Connect is unable to contact the Client to initiate the document delivery process, the document will be returned to the RTO. If the Client wishes to retrieve the document after this, an additional service fee of up to $100 will be charged by Careers Connect to repeat the process with the RTO.

9. Termination and Dispute Resolution

1. Breach of Agreement: If the Client violates this Agreement, as outlined in either clause 4 or clause 6, the Agent has the right to terminate the Agreement by providing written notice of its intention to do so, in accordance with clause 10.
2. Termination Procedure: If the Agent terminates the Agreement, it will no longer fulfill its duties as outlined in Clause 5, effective from the termination date. However, the Assessor will continue evaluating the Application, and the Client is responsible for ensuring that all communications are directed to their specified contact details.
3. Unresolved Dispute: If the Application has not been submitted and the parties fail to reach a mutual agreement as per Clause 9, the Agent may:
   • Charge the Client for the services rendered up to that point.
   • Cease work for the Client without incurring financial liability.
   • Proceed with any other agreed-upon work between the parties.
4. Return of Confidential Information: Upon termination of the Agreement or the completion of the Application evaluation by the Assessor, the Agent must return all physical copies of the Client's confidential information and delete any electronic confidential information provided during the process.
5. Dispute Notice: In the event of a dispute arising from this Agreement, the Party raising the dispute must notify the other party in writing, providing sufficient details for the dispute to be considered.
6. Good Faith Negotiation: The parties must then meet and engage in good faith discussions to attempt to resolve the dispute on a commercially realistic basis.
7. Mediation: If the dispute remains unresolved within seven days of the Dispute Notice, it will be submitted to mediation, subject to the Resolution Institute Mediation Rules.
8. Termination: If the parties cannot reach a mutually satisfactory resolution, either party may terminate the Agreement in accordance with clause 10.

Miscellaneous

10. Confidentiality: Both parties agree to keep the details of this Agreement confidential.

11. Severability: If any provision of this Agreement is deemed invalid, unenforceable, or illegal forany reason, the rest of the Agreement will remain valid and enforceable.

12. Governing Law and Jurisdiction: This Agreement is governed by and interpreted in accordance with the laws of New South Wales and the Commonwealth of Australia. The parties agree to the non-exclusive jurisdiction of the courts in that jurisdiction, as well as any courts with authority to hear appeals from those courts. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in New South Wales and the Commonwealth of Australia.

13. Counterparts: This agreement can be signed in multiple copies, each of which will be considered an original, but all copies together will form one single agreement. The date of the Agreement will be the date on which it is signed by the last party involved.

Student Declaration, Consent, and Acceptance

• I acknowledge that the information I have provided in my Recognition of Prior Learning (RPL)application is accurate and truthful to the best of my knowledge. I understand that providingany false or misleading information may result in the rejection of my application.
• I confirm that I have read the service Agreement and Disclaimer provided by Careers Connect carefully,fully understand its contents and agree to be bound by its terms and conditions. I accept allassociated rights and responsibilities.
• I give my consent to Careers Connect to collect, use, and disclose my personal information as outlinedin its Privacy Policy. I understand that this consent is necessary for Careers Connect to process my RPLapplication and fulfill its obligations under this Agreement.